The Nagaland Weights & Measures (Enforcement) Act,1968

NAGALAND ACT 5 OF 1968 
[THE NAGALAND WEIGHTS AND MEASURES (ENFORCEMENT) 
ACT, 1968] 
(Received the assent of the President on the 21st September, 1968) 
[Published in the Nagaland Gazette-Extraordinary, Dated 24th October, 1968] 
  An Act to provide for the enforcement of standard weights and 
   measures and for matters connected therewith. 
 
CHAPTER  I 
PRELIMINARY 
 Short title, extent and commencement. – 1. (1) This Act may be called the 
Nagaland Weights and Measures (Enforcement) Act, 1968. 
(2) It extends to the whole of State of Nagaland. 
(3) It shall come into force on such date as the State Government may, by Notification 
in the Official Gazette, appoint; and different dates may be appointed for different provisions 
of this Act or for different areas or for different classes of under taking or different classes of 
goods. 
Definitions. – 2. In this Act, unless the context otherwise requires, 
(a) “Commercial weight or measure” means a weight or measure purporting to be a 
standard weight or measure used in any transaction for trade or commerce; 
(b) “Controller” means the Controller of Weights and Measures appointed under 
section 16; 
(c) “Inspector” means an Inspector of Weights and Measures appointed under 
section 16; 
(d) “Measuring instrument”  means any measuring instrument other than a weighing 
instrument and includes any instrument used for determining the length, area, 
volume, capacity, quality, temperature or density of any articles. 
(e) “Mint” means the mint of the Central Government either in Bombay or in 
Calcutta; 
(f) “Prescribed” means prescribed by rules made under this Act; 
(g) “Standard weight or measure” means any unit of mass or measure referred to in 
sub-section (1) of section 13 of the Standards of Weights and Measures Act, 
1956 (Central Act 89 of 1956) and includes any other weight or measure 
permitted to be used by the Central Government in pursuance of sub-section (1) 
of section 14 of the said Act; 
(h) “Reference standards” means the sets of standard weights and measures 
supplied to the State Government by the Central Government in pursuance of 
sub-section (2) of section 15 of the Standards of Weights and Measures Act, 
1956; 
(i) “Sealed package or container” means a closed packet, bottle, basket, tin, barrel, 
case, receptacle, bag, sack, wrapper or other thing in which any article is placed 
or packed in which is intended to be sold with its contents, without any 
weightment or measurement of such contents at the time of sale; 
(j) “Stamping” means marking in such manner as to be, so far practicable, 
indeliable and includes  castings, engraving, etching and branding; 
(k) “use in transaction for trade or commerce” means use for the purpose of 
determining or declaring the quantity of anything in terms of measurement of 
length, area volume, capacity or weight in or in connection with: - 
(i) any contract, whether by way of sale, purchase, exchange of otherwise; or  
(ii) any assessment or royalty, toll, duty or other dues; or 
(iii) the assessment of any work done or services rendered, otherwise than in 
relation to research or scientific studies or in individual house-hold purposes. 
 
STANDARD WEIGHTS AND MEASURES 
 
 Working Standards. – 3. (1) For the purpose of verifying the correctness of 
commercial weights and weighing and measuring instruments used in transactions for trade 
or commerce, the State Government may cause to be prepared many as sets of authenticated 
standard weights and measures as it may deem necessary to be called the working standards. 
(2) The working standards shall be made of such material and according to such 
designs and specifications and shall be prepared by such agency and shall be stamped and 
authenticated by such persons or authority and in such manner as may be prescribed. 
(3) The working standards shall be kept at such places in such custody and in such 
manner as may be prescribed. 
(4) A working standard shall be verified with the secondary standard and marked by 
such persons, at such places, at such intervals and in such manner as may be prescribed. 
(5) A working standard which is not so verified and marked within the prescribed 
period shall not be deemed legal or be used for the purposes of this Act. 
(6) A working standard which has become defective shall not be deemed legal or be 
used for the purposes of this Act, until it has been verified  and marked in the prescribed 
manner. 
Secondary standard. – 4. (1) For the purpose of verifying the correctness of the 
working standards the State Government may cause to be prepared at the Mint as many sets 
of authenticated standard weights and measures as it may deem necessary to be called the 
secondary standards. 
(2) The secondary standards shall be made of such material and according to such 
designs and specifications as may be prescribed and shall be stamped and authenticated by 
such person or authority as State Government may direct. 
(3) The secondary standards shall be kept at such places, in such custody and in such 
manner as may be prescribed. 
(4) A secondary standard shall be verified with the reference standard at least once in 
every period of five years and shall be marked with the date of verification in the prescribed 
manner by such person or authority as the State Government may direct. 
(5) A secondary standard which is not so verified and marked within the aforesaid 
period shall not be deemed legal and shall not be used for the purposes of this Act. 
Reference Standards. – 5. The reference standards shall be kept at such places, in 
such custody and in such manner as the State Government may direct. 
Standard weighing and measuring instruments. – 6. (1) For the purpose of 
verifying the correctness of commercial weights and measures and of weighing and 
measuring instruments used in transaction for trade or commerce, the State Government may 
cause to be prepared as many sets of weight and measuring instruments as it may deem 
necessary. 
(2) Such instruments shall be of such kind, kept in such manner shall be verified and 
stamped in such manner as may be prescribed. 
(3) Such instruments shall be kept at all places where secondary standards or working 
standards are kept. 
Prohibition to use of weights and measures other than standard weights and 
measures. – 7(1) Notwithstanding anything contained in any  other law or any custom, usage 
or practice, no unit of mass or measure other than the standards weights or measures shall be 
used in any contravention for trade or commerce in any area or class of goods or undertakings 
in respect of which this Act has come into force or to be kept in any premises where such 
transactions are usually conducted. 
(2) Any custom, usage, practice or method of whatever nature which permits in any 
trade, a trader, seller or buyer to demand, received or cause to be demanded or received any 
quantity of article in excess of or less than the quantity fixed by the weights or measures by 
which the contract or dealing in respect of the said article has been made, shall be void. 
(3) Any transaction, dealing or contract made, or had after the expiry of three months 
from the commencement of this Act shall, in so far as it contravenes the provisions of sub-
section (1) be void. 
Power to prescribe the use of weights only, or measures only in certain cases. – 8. 
(1) Notwithstanding anything contained in this Act, the State Government may by 
notification in the Official Gazette, direct that in any specified trade or class of trades no 
transactions, dealing or contract shall be made or had except by weight only or except by 
measure only. 
(2) Notification issued under this section shall take effect in such area, with effect 
from such date, and subject to such conditions, if any, as may be specified therein. 
 
CHAPTER  III 
VERIFICATION AND STAMPING OF WEIGHT  
AND MEASURES 
 Marking of denominations of commercial weights and measure. – 9. Every 
Weight or Measure manufacture for use as commercial weight or measure shall bear the 
description of the weight or measure which it purports to be marked legibly on it in such 
manner as may be prescribed. 
Prohibition of sale of unstamped commercial weights and measures. – 10. No 
commercial weights or measure or weighing or measuring instrument shall be sold or 
delivered unless it has been verified or re-verified in accordance with the rules made under 
this Act and stamped in the prescribed manner by an Inspector with stamp of verification. 
Prohibition of use of unstamped commercial weights or measures. – 11. No 
weights or measures of weighing or measuring instruments shall be used in transactions in 
trade or commerce unless it has been verified or re-verified in accordance with the rules made 
under this Act and stamped in the prescribed manner by an Inspector with a stamp of 
verification. 
Power of State Government to exempt. – 12. Where the size of a commercial 
weight or measure renders it impracticable to have any denomination marked on it under the 
provisions of section 9 or to be stamped under the provision of section 10 or section 11, the 
State Government may, by notification in the Official Gazette, exempt such weight or 
measure from being so stamped. 
Prohibition of manufacture etc. of weights and measures without license. – 13. 
No person shall, in course of trade, manufacture, repair or sell any weight or measure or any 
weighing or measuring instrument, unless he had obtained in the prescribed manner a license 
in this behalf from the State Government or any officer authorized by such Government. 
Marking of weights or measures on sealed containers. – 14. No person shall sell, 
offer for sale, expose for sale, any article contained in a sealed package or container unless 
such package or container bears thereon or on a label securely attached thereto a description 
of the net weight or measure of the article contained therein: 
Provided that the provisions of this section shall not apply to 
(i) any sealed package or container - 
(a) of net weight of less than one hundred and twenty grams, if the sealed package 
or container contains biscuits, confectionery or sweets; and 
(b) of net weight of less than sixty grams, if the sealed package or container 
contains any other foodstuff; and  
(ii) any articles contained in a sealed package or container, if such articles are 
ordinarily sold in transactions for trade or commerce by counting their number: 
Provided further that the State Government may, if it is satisfied that the size of any 
class of such packages or containers renders it impracticable to comply with the provisions of 
this section by notification in the official Gazette, exempt such class from the operation of 
this section. 
Prohibition of quoting price or expressing, quantity, of any article otherwise 
than in terms of standard weight or measure. -15. No person shall, in any transaction for 
trade or commerce, quote the price, or express the quantity, of any article otherwise the in 
terms of the standard weight or measure. 
Appointment of Controller and Inspector. – 16. (1) The State Government may 
appoint a Controller of Weights and Measures for the State and as many Deputy and 
Assistant Controllers and Inspectors of Weights and Measures as may be necessary for 
exercising the powers and discharging the duties conferred or imposed on them by or under 
this Act. 
(2) The State Government may, by general or special order define the local limits 
within which such Inspector shall exercise the powers and discharge the duties conferred or 
imposed on Inspectors by or under this Act.  
(3) Subject to the provisions of this Act, all Deputy and Assistant Controllers of 
Weights and Measures and Inspectors shall perform their functions under the general 
superintendence and control of the Controller and the Controller and the Assistant Controllers 
of Weights and Measures may, in addition to the power and duties conferred or imposed on 
them by or under this Act exercise any power or discharge any duties so conferred or 
imposed as Inspectors. 
Verification and stamping by Inspectors. – 17. (1) Every Inspector shall for the 
purpose of verification of weights and measuring instruments, attend at such place and time 
within his jurisdiction as may be appointed in this behalf by the Controller. 
(2) The Inspector shall verify every weight or measure or weighing or measuring 
instrument which is brought to him for the purpose of verification and if he finds such weigh 
or measures or measuring or weighing instrument correct and in conformity with the 
Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), and the rules made 
thereunder he shall stamp the same with a stamp of verification in the prescribed manner. 
Powers to Inspectors etc. -  18. (1) An Inspector may within the area under his 
jurisdiction inspect at all reasonable times the weights, measures and weighing and 
measuring instruments which are used in transactions for trade or commerce or are in the 
possession of any persons or are on any premises for such use and may be verify every such 
weight or measure or measuring instrument with a Working Standard or weighing or 
measuring instrument prescribed for the purpose. 
(2) For the purpose of verifying the correctness of any weight or measure used in any 
transaction, an Inspector may also verify the weight or measure of any article sold or 
delivered in the course of the transaction. 
(3) An Inspector may, at all reasonable times, require any trader or any employee or 
agent of a trader to produce before him for inspection all weights, measure, weighing and 
measuring instruments, which are used by him or are in his possession or are kept on any 
premises used for trade and all documents and records relating thereto and such trader, 
employee or agent shall comply with such requirements. 
(4) An Inspector may seize and detain any weight or measure or measuring instrument 
regarding which an offence under this Act appears to have been committed or which appears 
to have been or which might be used in the commission of such an offence, and may also 
seize and detain any articles sold and delivered or caused to be sold or delivered by means of 
such weight or measure or weighing or measuring instrument together with any documents of 
records relating thereto. 
(5) Where an Inspector has reasons to believe that a sealed package or container does 
not actually contain the net weight or measure of the article which it purports to contain, the 
Inspector may break upon the sealed package or container and verify its contents; if, on such 
verification, the net weight or measure of the article is found to be correct, the Inspector shall 
tender the fair price thereof and may require a written acknowledgement therefore. 
If, on the other hand, the net weight or measure of the article is found on such 
verification to be incorrect, the inspector may seize the package or container and the article 
contained therein, after tendering the fair price thereof where the seizure is made from any 
person other than the manufacturer and may file a complaint against the manufacturer for 
contravention of the provisions of section 14. 
(6) For the purpose of such inspection, an Inspector may at all reasonable times, enter 
into any place where weights, measures or weighing or measuring instruments are used or 
kept for use in transaction for trade or commerce and inspect such weights and measures and 
weighing and measuring instruments. 
Explanation. – Where any premises are partly used for trade and partly for dwelling 
purposes, the whole of such premises shall, for the purpose of this sub-section be treated as a 
place where weights or measures or weighing or measuring instruments are used or are kept 
for use in transaction for trade or commerce. 
 
Power of inspect to adjust weights or measures. – 19. Where it appears to the State 
Government desirable that an Inspector should be allowed in any area to adjust the weights or 
measures or weighing or measuring instruments it may, if it thinks fit, authorize such 
Inspector to adjusts weights and measures or such instruments accordingly. 
Manufactures etc. to maintain records and documents. – 20. (1) Every 
manufacturer, repairer or dealer in weights and measures or weighing or measuring 
instruments and every person using them in transactions for trade or commerce shall maintain 
such records and accounts as may be prescribed and if required so to do by an Inspector, shall 
produce such records and accounts before him. 
(2) Notwithstanding anything contained in sub-section (1) of the State Government is 
of opinion that having regard to the nature of business carried on by such manufacturer, 
repairer or dealer, it is necessary so to do, it may, by order exempt such person or class of 
persons from the operation of that sub-section. 
Appeals. – 21. (1) Subject to the provisions of sub-section (2), an appeal shall lie – 
(a) from every decision of an Inspector under this Act, to the Controller; and  
(b) form every decision of the Controller under this Act not being a decision made in 
Appeal under clause (a), to the State Government or any officer specially 
authorized in this behalf by the State Government. 
(2) Every such appeal shall be preferred within sixty days from the date of the 
decision. 
(3) On receipt of any such appeal, the appellate authority shall after giving the 
appellate a reasonable opportunity of being heard and after making such enquiry as it deems 
proper decide the appeal and decision of the appellate authority shall be final. 
22. The State Government may charge such fees: 
for the grant of licences under section 13, for manufacture, repair or sale of 
commercial weights and measures and weighing and measuring instruments, and  
for the verification, making, stamping and adjustment of commercial weights and 
measures and weighing and measuring instruments, as may be prescribed. 
Validity of weight and measures duly stamped. – 23. A weight or measure or 
weighing or measuring instrument duly stamped by an Inspector under this Act, shall be a 
legal weight or measure or weighing or measuring instrument in all places in which this Act 
has come into force unless it is found to be false or defective and shall not be liable to be re-
tamped by reason merely of the fact that it is used in any place other than that in which it was 
originally stamped. 
 
CHAPTER  IV 
PENALTIES  
Penalty for sale or delivery by weight or measure other than standard weights or 
measures. – 24. Whoever after expiry of three months from the commencement of this 
section, sells or causes to be sold or delivers or causes to be delivered in the course of any 
transaction for trade or commerce any article by any denomination of weight or measure 
other than one of the standard weights or measures or whoever after the commencement of 
this Act, keeps any unit of mass or measure other than the standard weights and measures in 
any premises where such transactions are usually conducted shall be punishable, for a first 
offence, with fine which may extend to two thousand rupees, and for a second or subsequent 
offence, with imprisonment for a period which may extend to three months, or with fine, or 
with both. 
Penalty for sale of unstamped commercial weights and measures. – 25. Whoever 
sells or delivers any commercial weight or measure or any weighing and measuring 
instrument which has not been verified or re-verified or stamped in accordance with the 
provisions of this Act and the rules made thereunder shall be punishable with fine which may 
extend to two thousand rupees. 
Penalty for use of unstamped commercial weights and measures. – 26. Whoever 
uses any transaction for trade or commerce or has in his possession for use, any commercial 
weight or measure or any weighing or measuring instrument which has not been verified or 
re-verified or stamped in accordance with the provisions of this Act and the rules made 
thereunder shall be punishable for a first offence, with fine which may extend to two 
thousand rupees, and for a second or subsequent offence, with imprisonment for a period 
which may extend to three months or with fine, or with both. 
Explanation. -1. When any such weight or measure or weighing or measuring 
instruments is found in the possession of any trader or any employee or agent of such trader, 
such trade employee or agent shall be presumed, until the contrary is proved, to have had it in 
his possession for use in transactions for trade or commerce. 
Explanation.- 2. Where any weight or measure or weighing or measuring instrument 
is used or possessed in contravention of this section by any employee or agent or a trader on 
behalf of such a trader, such trader shall, unless he proves that the offence under this section 
was committed by his employee or agent without his knowledge or consent, be also deemed 
to be guilty of the offence. 
Penalty for Manufacture of weights etc. without licences. – 27. If any person 
manufactures, repairs, or sells any commercial weight or measure or weighing or measuring 
instrument, without obtaining a licence as required by section 13, shall be punishable with 
imprisonment for a period which may extend to three months, or with fine, or with both. 
Penalty for uses of weight or measure in contravention of section 8. -28. Whoever 
contravenes any of the provisions of notification issued under section 8 shall be punishable 
with fine which may extend to two thousand rupees. 
Penalty for failure to be marked weight or measures on sealed containers. – 29. 
Whoever contravenes the provisions of section 14 shall be punishable with fine which may 
extend to two thousand rupees. 
Penalty for quoting prices or expressing quantities otherwise than in terms of 
standard weight or measure in contravention of section 15. – 30. Whoever contravenes 
the provisions of section 15 shall be punishable with fine which may extend to two thousand 
rupees. 
Penalty for being in possession of false weight or measure etc.- 31. Whoever is in 
possession of any commercial weight or measure or weighing and measuring instrument 
which he knows to be false, intending that the same may be fraudulently used, shall be 
punishable with imprisonment for a period, which may extend to one year, or with fine or 
with both. 
Penalty for making or selling false weight or measure.- 32. Whoever makes, sells 
or disposes of or causes to be made, sold or disposed of any standard weight or measure or 
weighing or measuring instrument which he knows to be false in order that the same may be 
used as true, or knowing that the same is likely to be used as true, shall punishable with 
imprisonment for a period which may extend to one year, or with fine or with both. 
Penalty for delivering or receiving any quantity of article less than, or in excess 
of the quantity fixed by the weight or measure in the contract. – 33. Whoever – 
(i) in selling any article by weight or measure delivers or causes to be delivered to the 
purchaser any quantity of that article less than, or 
(ii) in buying any article by weight or measure demands or receives or causes to be 
demanded or received from the vendor any quantity of that article in excess of the 
quantity fixed by the weight or measure by which the contract or dealing in 
respect of that article has been made, shall be punishable with fine which may 
extend to five hundred rupees. 
Penalty for forging etc. of weights, measures, etc. – 34. (1) Whoever forges or 
counterfeits any stamp used under this Act for the stamping of any standard weight or 
measure or weighing or measuring instrument or possesses any such counterfeit stamp, or 
removes a stamp from standard weight or measure or weighing or measuring instrument and 
inserts the same into another weight or measure or weighing or measuring instrument or 
willfully increases or diminishes a weight or measure so stamped, shall be punishable with 
imprisonment for a period which may extend to one year, or with fine, or with both. 
(2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or 
measure or weighing or measuring instrument with such forged or counterfeit stamp thereon, 
or a weight or a measure so increased or diminished shall be punishable with imprisonment 
for a period which may extend to six months or with fine, or with both. 
Penalty for neglect or refusal to produce weight or measure etc. for inspection. – 
35. Whoever – 
refuses or neglects to produce for inspection under section 18, any weight or measure 
or weighing or measuring instrument or any document or record relating thereto 
in his possession or on his premises, or  
refuses to permit an Inspector to inspect and verify and such weight, measure, 
instrument, document or record, or  
obstructs the entry of an Inspector under section 18, or 
otherwise obstructs or hinders as Inspector in the performance of his duties under this 
Act, 
shall be punishable with fine which may extend to two thousand rupees. 
Penalty for breach of duty by Inspector. – 36. If an Inspector knowingly stamps a 
weight or measure or weighing or measuring instrument in contravention or the provisions of 
this Act or of the rules made thereunder, he shall be punishable with imprisonment for a 
period which may extend to one year, or with fine or with both. 
 
CHAPTER  V 
MISCELLANEOUS 
Protection of action taken in good faith. – 37. No suit, prosecution or other legal 
proceeding shall lie against the Controller, Deputy Controller or Assistant Controller of 
Weights and Measures or any Inspector or any other person appointed under this Act in 
respect of anything which is in good faith done or intended to be done in pursuance of this 
Act or rules made thereunder. 
Controller etc. appointed under this Act to be public servants. – 38. The 
Controller, every Deputy and Assistant Controller and Inspector appointed under this Act 
shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal 
Code (45 of 1860). 
Cognizance of offences, etc. – 39. (1) No court shall take cognizance of an offence 
punishable under this Act except upon complaint in writing made by the Controller or any 
officer authorized in this behalf by the Controller by general or special order. 
(2) No court inferior to that of a presidency magistrate or a magistrate of first class 
shall try any offence punishable under this Act. 
Composition of offences. – 40. (1) Any offence punishable under section 24. section 
25, section 26, section 28, section 29, section 33, or section 35 other than a second or a 
subsequent offence under section 24 or section 26 may either before or after the institution of 
the prosecution, be compounded by the State Government on payment of such sum as the 
State Government thinks fit. 
(2) On payment by the offender of such sum, the offender, if in custody, shall be set at 
liberty and if any proceedings in any criminal court have been instituted against the offender 
in respect of the offence the composition shall be deemed to amount to an acquittal and no 
further criminal proceedings shall be taken against him in respect of such offence. 
Stamped weights, etc., to be presumed to be correct. – 41. A weight or measure or 
weighing or measuring instrument duly stamped under the provisions of this Act and the rules 
made thereunder shall be presumed to be correct until its inaccuracy is proved, if this is 
produced in any court by an Inspector having charged thereof or by any person acting under 
the general or special authority of the Controller. 
Offences by companies. – 42. (1) If the person committing an offence under this Act 
is a company, every person who, at the time the offence was committed, was in-charge of, 
and was responsible to the company, for the conduct of the business of the company as well 
as the company, shall be deemed to be guilty of the offence and shall be liable to be 
proceeded against and punishable accordingly: 
Provided that nothing contained in this sub-section shall render any such person liable 
to punishment if he proves that the offence was committed without his knowledge or that he 
exercised all due diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1), where an offence under 
this Act has been committed by a company and it is proved that the offence has been 
committed with the consent or connivance of, or is attributable to any neglect on the part of 
any director, manager, secretary or other officer of the Company shall also be deemed to be 
guilty of that offence and shall be liable to be proceeded against and punished accordingly. 
Explanation: - For the purposes of this section – 
(a) “Company” means any body corporate and includes a firm or other association of 
individuals; and  
(b) “director” in relation to a firm, means a partner in the firm. 
Delegation of powers. – 43. The State Government may, by notification in the 
Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder 
shall, in relation to such matters and subject to such conditions, as may be specified in the 
direction be exercisable also by such officer or authority subordinate to the State Government 
as may be specified in the notification. 
Limits of error to be tolerated in weights and measures. – 44. Subject to any rules 
that may be made under the Standard of Weights and Measures Act, 1956 (Central Act 89 of 
1956) in this behalf, the State Government may prescribe the limits of error which may be 
tolerated – 
(a) in secondary standards referred to in section 4; 
(b) in working standards referred to in section 3; 
(c) in commercial weights and measures or in selling articles, by weigh or measure 
generally or as regards any trade or class or trades; and  
(d) weighing and measuring instruments. 
Power to make rules. – 45 (1) The State Government may, by notification in the 
Official Gazette make rules to carry out the purpose of this Act. 
(2) In particular, and without prejudice to the generality of the foregoing power, such 
rules may provide for all or any of the following matters, namely: - 
(a) the material of which and the designs and specifications according to which 
working standards may be made, the Agency by which such standards may be 
prepared, the person by whom or the authority by which and the manner in which 
such standards may be stamped and authenticated, the places at which and the 
custody and manner in which such standards may be kept; 
(b) the procedure for the verification or re-verification and marking of working 
standards, the persons by whom, the places at which and the intervals at which, 
they may be marked; 
(c) the material of which and the designs and specifications according to which 
secondary standards may be made, the places at which and the custody and 
manner in which such standards may be kept; 
(d) the procedure for the verification or re-verification and making of secondary 
standards and the manner in which they may be marked; 
(e) the number of weighing and measuring  instruments to be kept, the manner in 
which they may be verified and stamped and necessary particulars regarding the 
same; 
(f) the manner in which the commercial weights and measures may be marked by 
manufacturers; 
(g) the form and manner in which, and the conditions subject to which licenses may 
be granted to persons for manufacture, repair or sale of commercial weights and 
measures and weighing and measuring instruments; 
(h) the qualifications, functions and duties generally of Inspectors under this Act; 
(i) verification and stamping of weights and measures and weighing and measuring 
instruments and the period within which they are to be re-verified; 
(j) inspection of weights and measures and weighing and measuring instruments used 
in transaction for trade or commerce; 
(k) the seizure, detention and disposal of weights and measures which are not 
authorized by this Act; 
(l) the books, accounts and records relating to weights and measures and weighing 
and measuring instrument to be maintained or produced; 
(m) the limits of error which may be tolerated in secondary or working standards; 
(n) the limits of error which may be tolerated in weights and measures and weighing 
and measuring instruments used or intended to be used in transactions for trade or 
commerce; 
(o) the limits of error which may be tolerated in selling articles by weights and 
measures generally or as regards any trade or class of trades; 
(p) the form and manner in which appeals may be preferred agisnt decisions of 
Inspectors and procedure for hearing appeals; 
(q) the fees which may be charged for the grant of licenses under section 13 and for 
verification, re-verification, adjustment and stamping of weights and measures 
and weighing and measuring instruments and the collection and levy of the same. 
(r) The materials, form and specification and manufacture and sale of commercial 
weights and measures and weighing and measuring instruments; 
(3) In making any rule under this section the State Government may provide that a 
breach thereof shall be punishable with fine which may extend to five hundred rupees. 
(4) The power to make rules under this section shall be subject to the condition of 
previous publication in the Official Gazette. 
(5) Every rule made under this section shall be laid, as soon as may be after it is made, 
before the Nagaland Legislative Assembly while it is in session for a total period of fourteen 
days, which may be comprised in one session or in two successive sessions, and if before the 
expiry of the session in which it is so laid or the sessions immediately following the Nagaland 
Legislative Assembly agree in making any modification in the rule or the Nagaland 
Legislative Assembly agree that the rule should not be made, the rule, shall thereafter have 
effect only in such modified form or be of no effect as the case may be; so however, that any 
such modification or annulment shall be without prejudice to the validity of anything 
previously done under that rule. 
Saving. – 46. Nothing in this Act shall apply to weights or measures or weighing and 
measuring instruments used by or in any unit or establishment of the Armed Forces of the 
Union. 
 
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